On December 26th 2007, the law 1.343 introduced articles 60-1 to 60-12 on police custody in the code of penal procedure. Until then, police custody was not regulated by any law. Under these articles, the detention of a suspect in police custody can only be ordered by a police officer (art.60-2) and is supervised by the prosecutor general (art.60-1) who can release the suspect (art.60-3). The suspect should be brought before the prosecutor general within 24 hours of his arrest (art.399) who can order orally his detention for up to 6 days pending trial (up to 4 days not including weekends and labor holidays).

Bill 894 doesn’t introduce any requirement to bring the suspect promptly before a judge to rule on the lawfulness of the police custody and if needed to order his detention pending trial, in violation of article 5-3 of the Convention. The prosecutor general shouldn’t perform these functions because he will prosecute the suspect (judgment Huber v. Switzerland (12794/87) §42).

Article 6 of the bill 894 confirmed the possibility to extend police custody up to 4 days on request of the prosecutor general (art.60-4). Moreover, Bill 894 doesn’t forbid in the same investigation several police and prosecutor general custody of a suspect.

On March 13th 2010, S.C is placed in police custody in Liege and interrogated by police officers on a murder charge. She is not allowed to receive any legal assistance from a lawyer. On March 14th 2010, the applicant is interrogated by an investigating judge of the tribunal without any legal assistance. Belgium law didn’t authorize suspect in custody to receive any legal assistance at this stage of the investigation.

On June 3rd 2010, the investigation chamber of the appeal court of Liege refused to suppress transcripts of these interrogations.

On July 10th 2001 around 6pm, Mr. Yassine Darraj a juvenile of 16 years old, was stopped in Bois-Colombes by police officers for an identity check. He volunteered his identity but was brought nevertheless to the police station of Asnieres-sur-Seine.

There he was arrested without charge. According to the applicant, he was strangled, beaten in the back, insulted because he refused to be handcuffed to a bench. He was then handcuffed hands behind his back and taken to a small corridor where he was beaten in the head and between the legs by 3 police officers.

Around 7pm30, he was transferred to the emergency room of Hospital AP-HP Beaujon in Clichy-la-garenne. An emergency surgery had to be performed during the night and his right testicle was ablated. In July 2002, the applicant was diagnosed with post-traumatic syndrome disorder (PTSD).

On September 27th 2006, the appeal court of Versailles condemned two police officers for unintentional assault (art. 220-20 of penal code) to a fine of 800 euros each. Under article 222-10 of the penal code, mutilation by police officer is punishable by up to 15 years of jail. On February 22th 2007, the legal aid office of the supreme court (Cour de cassation) rejected the application for an appeal. No disciplinary action were taken against the 2 police officers.

On August 3rd 2007, the applicant filed his application with the E.C.H.R arguing that the assault by the police officers resulting in mutilation and post-traumatic syndrome disorder amounted to torture and was a violation of article 3 of the Convention. He added that his detention at the police station was a violation of article 5-1-d) of the Convention.

On October 19th 2009, Mr. Tisset was arrested for a narcotic offense, by order of an investigating judge. The applicant was not informed of his right to remain silent, and requested immediately to talk to a lawyer. But he was denied any legal assistance during his police custody of 2 days and 17 hours, under a special derogation for all narcotic offenses investigations (art. 63-4 of the code of penal procedure). During this police custody, he made self incriminating statement.

It is unclear why the E.C.H.R ruled in less than 5 months on the case and if another application to the E.C.H.R will be admissible as the national remedy has already been exhausted on October 19th 2010.